1-) INTRODUCTION
The denial of lineage case is one of the most sensitive areas of family law. This case aims to refute the father-child
relationship established by the presumption of marriage, while also directly impacting an individual’s identity,
inheritance, and personal rights. Therefore, the denial of lineage case requires strict regulation in terms of both
substantive and procedural law. In recent years, regulations enacted in Türkiye, particularly by Constitutional
Court decisions, have brought changes regarding entitlement and processes related to this case. This article will
first examine the conceptual foundations, followed by an examination of regulatory norms, case requirements,
rules of evidence, procedural aspects, judicial precedents, and practical issues. Finally, some recommendations for
reform will be presented.
2-) Concept and Legal Basis
2.1. Presumption of Lineage and Marriage- Lineage refers to the bond of kinship between people based on blood ties that begins at birth.- The Turkish Civil Code (TCC) has introduced a presumption of paternity in order to determine the identity of the
father in respect of children born during a marriage: A child born during a marriage or before three hundred days
from the end of the marriage is considered the child of the “husband”.- This presumption is an ordinary presumption; that is, the relationship asserted on the basis of the presumption can be refuted by contrary
evidence.
2.2. The Concept of the Case for Denial of Lineage- The lawsuit for denial of paternity is a lawsuit filed by the person (husband) who is accepted as the father based on the presumption
of marriage, in order to eliminate the relationship between the father and the child.- In other words, the plaintiff claims that the husband is not the biological father and requests that the presumption of
paternity be rebutted.- This case is also called “removal of lineage” or “rebuttal of presumption”.
3-) What is Lineage? Who can file a lawsuit to deny lineage?
The father of a child born during a marriage or within three hundred days of its dissolution is the husband.
The presumption of paternity is the presumption of child ownership. A child born after this period can be
attributed to the husband only if the mother proves that the child was conceived during the marriage. If the
husband is declared missing, the three-hundred-day period begins from the date of the danger of death or
the last known news.- The husband may refute the presumption of paternity by filing a lawsuit to deny paternity to the mother or child. This lawsuit
is filed against other persons entitled to file a lawsuit (TCC Art. 286).
4-) Persons Who Can File a Lawsuit
4.1. Possible Plaintiff Parties- In the old regulation, the persons who could file a lawsuit for denial of lineage were:
Husband:A married man may file a lawsuit as a party to refute the presumption of paternity.
Child:He may want to refute the existence of the presumption of paternity against himself.
Main:According to TMK 286, the mother can also file a lawsuit for denial of lineage.- In addition, in exceptional cases regulated in TMK Article 291, persons such as “the husband’s descendants, mother, father or
the person claiming to be the father” could also file a lawsuit, subject to limited conditions.
5-) The Court of Jurisdiction and Competence in the Case of Rejection of Lineage (Descent)- The family court is responsible for hearing the case of denial of lineage, that is, correction of lineage.
The courts authorized to hear the case are:- The court of the place of residence of either the plaintiff or the defendant party is authorized to hear the
“paternity correction case”.- The court of the place of residence where the child was born is also authorized to hear the case of rejection of lineage.
6-) Conditions and Time Limitations of the Case
6.1. Conditions of the Case (Prerequisites)- Some of the conditions sought for the denial of lineage case are as follows:
Presumption of Marriage
The presumption of marriage must be valid (the child must be born during the marriage relationship or must be born
within a certain period of time before the dissolution of the marriage).- Filing the Case Within the Time Limit- The limitation periods in Articles 289 and 291 of the Turkish Civil Code must be valid.- For the husband, the lawsuit must be filed within 1 year from the date he learned about the birth and the claim.- In the cases regulated in TMK Article 291, it was envisaged that a lawsuit should be filed within 1 year from the date of
learning of special circumstances such as “birth, death of the husband, declaration of absence or loss of discretion”.
These periods are lapses of time; that is, after the period has elapsed, the right to sue is extinguished.- Condition of Obtaining Information in Time
In order for the complainant or plaintiff to exercise their right to file a lawsuit, the time period will run after they learn
the facts supporting their claims.
6.2. Type and Quality of Term- These periods are statute of limitations; if the period is exceeded, the lawsuit can no longer be filed.- This situation should not be confused with the statute of limitations, which is the right to sue; the statute of limitations is different from the
limitation periods that can be invoked to dismiss a claim or lawsuit. The limitation period is taken into account ex officio.
7-) Burden of Proof, Evidence and Court Discretion
7.1. Burden of Proof
The burden of proof in a lawsuit to deny paternity rests with the plaintiff. The plaintiff must present evidence that
refutes the presumption of paternity.
The evidence must be strong and convincing because it is not easy to refute the presumption.
7.2. Evidence- DNA Test
It is the most important technical evidence today; the presence or absence of a biological link is determined by
comparing the genetic samples of the child and the alleged father.
However, although the court is obliged to request DNA, it exercises its authority to request evidence within the scope of its
discretion.- Medical and Health Records- Birth reports, hospital records, the mother’s pregnancy and other medical documents can be examined.- Witness Statements- Witness statements can be evaluated, especially regarding issues such as the time the mother had sexual intercourse and her
relationships with possible third parties.- Other Written Documents- Documents such as messaging, private correspondence, and external factors may serve as evidence depending on the situation.
7.3. Court Discretion and Evidence Review- The court exercises its discretionary power according to the power of the evidence to form an opinion.- The court must justify which evidence it will value in the context of the CONCRETE incident.- Excessive suspicion should be avoided; concrete reasons should be given in rejection decisions.
😎 How is lineage determined in case of subsequent marriage?
A child born out of wedlock is automatically subject to the provisions applicable to children born within
wedlock if their parents marry each other.
Spouses are obliged to report their joint children born outside of marriage, either during or after marriage, to the civil
registry officer at their place of residence or at the place where the marriage took place.
Failure to notify does not prevent the child from being subject to the provisions regarding children born in
wedlock.
When the mother and father of a child whose lineage has been previously established through recognition or paternity, marry each other, the
civil registry officer carries out the necessary procedures ex officio.
9-) Objection to Lineage in Case of Subsequent Marriage
The legal heirs of the mother and father, the child, and the public prosecutor may object to the establishment of lineage
through subsequent marriage. The objector is obligated to prove that the husband is not the father.
The descendants of the child also have the right to object if the child is deceased or has permanently lost his or her
ability to distinguish.
Provisions regarding the cancellation of recognition are applied by analogy.
10-) Limiting Periods in Cases of Rejection of Lineage
The husband must file the lawsuit within one year from the date of birth and the date on which he learned that he was not the
father or that the mother had sexual intercourse with another man at the time of conception.
The mother must file a lawsuit within one year from the date of birth and the child must file a lawsuit within one year from the date of adulthood.
If the delay is based on a justified reason, the one-year period begins to run on the date when this reason ceases to exist.
11-) Right of Other Interested Parties to File a Case for Denial of Lineage- In cases where the husband dies or is declared missing or has permanently lost his power of discretion before
the period for filing a lawsuit expires, the person claiming to be the father, the husband’s descendants, mother or
father, may file a lawsuit for denial of lineage within one year from the date they learned about the birth and the
husband’s death, his permanent loss of power of discretion or the decision to declare him missing.- The trustee to be appointed to a minor child shall file a lawsuit for the rejection of lineage within one year, starting from the date of notification
of the appointment decision.- The provisions regarding the lawsuit for denial of lineage filed by the husband are applied by analogy.
12-) Recognition, Denial of Lineage and Paternity Suit- Denial of lineage,- The father must know the child,- Paternity suit.
A child who is not related to another man can have their lineage established through recognition. However, the lineage
of a child who is related to another man can be changed through a paternity suit or a denial of paternity suit. It is
particularly important to note that a denial of paternity suit and a paternity suit cannot be filed in the same case file.
Each case must be filed separately.
13-) CONCLUSION
A lawsuit to deny lineage is an exceptional legal remedy under Turkish Civil Law aimed at eliminating the lineage
between a child born within a marriage and the husband. This lawsuit serves to reconcile the legal order with reality,
particularly in cases where the father-child relationship based on the presumption of marriage does not align with the
biological reality. The lawsuit is based on constitutional and human rights principles, such as the right to individual
identity, family unity, and the protection of the child’s best interests.- The lawsuit for the rejection of lineage, regulated under Articles 286 to 291 of the Turkish Civil Code, has a
technical structure based on limitation periods, strict formal requirements and limited right to sue.
However, the Constitutional Court’s decisions, particularly the removal of restrictions on the mother’s right to sue and the
cancellation of the legal capacity of “other interested parties,” demonstrate that the legal approach in this area has evolved
towards a more egalitarian and rights-based approach.
However, structural problems persist in practice, including the rigidity of statute of limitations,
access to evidence, the insufficient use of scientific evidence such as DNA testing, and the
disregard for the child’s best interests. For all these reasons, regulations regarding cases of
denial of paternity must be revised to ensure both individual rights and social order are
protected.
In conclusion, the denial of lineage case is not merely a matter of lineage; it is also a legal institution
encompassing multifaceted concepts such as identity, belonging, justice, and children’s rights. Therefore,
both legal regulations and judicial practices should be developed with a child-centered, equitable, and
scientifically based approach.
THE MOST CURIOSITY ABOUT THE CASE OF REJECTION OF LINEAGE
THINGS TAKEN
1-) What is the case of rejection of lineage?
This lawsuit seeks to overturn the presumption of paternity, granted by a court decision, for a
child born during or within 300 days of marriage. The goal is to determine the child’s true
lineage.
2-) Who can file this lawsuit?
Husband (wife who is subject to the presumption of lineage)
Child (may be masculine)
In addition, if the husband cannot file a lawsuit, the husband’s descendants, mother, father or the person claiming to be the father gain the right to file a
lawsuit in certain circumstances (for example, in the case of the husband’s death or disappearance).
3-) Against whom should we file the lawsuit?
If the husband opens:The mother and the child are defendants (mandatory companionship).
If the child opens:The mother and husband are defendants; a guardian must be appointed on behalf of the child.
4-) Which court has jurisdiction and authority in the case?
Family Court (or Civil Court of First Instance if there is no Family Court).
The court of the child’s place of birth or the place of residence of one of the parties is chosen as jurisdiction.
5-) What is the period for filing a lawsuit (limitation period)?
Husband:must file a lawsuit within 1 year from the date he/she learned about the situation.
Child:When the child becomes an adolescent, he/she must file a lawsuit within 1 year from the date of reaching adulthood.- A similar period applies to other interested parties.
6-) What happens if I exceed the time limit?
Exceeding the time limit will result in the right to file a lawsuit being waived (dismissed). However, additional time may be granted if there is a
justified reason.
7-) Who bears the burden of proof?
The party filing the lawsuit must refute the presumption of paternity. Genetic testing (DNA testing) is the most compelling
evidence; additionally, documents, witnesses, and medical records are also valid.
😎 What happens to the case if DNA testing is not done?
The judge may decide to take a sample by force, taking into account health and scientific reasons, in accordance with Article 292 of the Civil
Procedure Code.
9-) Does the court consider other evidence besides DNA testing?
Yes. In addition to DNA testing, the court also evaluates evidence such as witness statements, medical documents, and
relationship records.
10-) What happens as a result of the case?
When the case is finalized, the ruling terminating paternity is recorded in the civil registry, ending the legal
relationship with the person considered the child’s father. The legal consequences (disinheritance, relief
from alimony obligations, etc.) also apply.
11-) Is it necessary to appoint a trustee?
Yes. If a child files a lawsuit or is a defendant and is a minor, the court must appoint a guardian.
12-) Is it necessary to make corrections in the population record?
Yes. Once the decision is finalized, the civil registry must be corrected; however, this is a separate process and must be notified
to the official administration.
13-) Is this case different from the case of correcting the population record?
Yes. A lawsuit to deny paternity removes the presumption of paternity through a court decision. A lawsuit to correct a civil
registration record corrects errors in registration; its legal nature is different.
14-) Can a lawsuit be filed against a child of a woman who became pregnant before marriage?
Yes. If the child was conceived before the date of marriage, the presumption of paternity does not apply and the
husband is not obligated to deny paternity.
15-) How long does the litigation process take?
Depending on the complexity of the case, this process can take 1-2 years, and sometimes even up to 3-4 years. Factors such as evidence
collection, trusteeship procedures, and population record corrections are factors influencing the process.
COURT OF APPEALS DECISIONS REGARDING THE CASE OF REJECTION OF LINEAGE
1-) Supreme Court of Appeals 2nd HD – Decision No: 2016/12563 (Custody of the Child Born After the
Divorce Decision);
“…The plaintiff mother requested that the custody of the child born 8 months after the divorce from the
defendant be given to her. The court ruled that the custody of the child belongs to the mother on the grounds
that “Article 337 of the Turkish Civil Code stipulates that if the mother and father are not married, the custody of
the child belongs to the mother, there is no official marriage contract between the parties and the custody of the
child belongs to the mother by law.” The defendant appealed the decision. From the evidence collected, it was
determined that the parties were divorced with the final decision on 03.05.2001, the minor in question was born
on 05.01.2002 after the divorce and was registered in the father’s household.
It is understood. The father of a child born during a marriage or before 300 days have passed since its dissolution is the
husband (TCC Art. 285/1). A lineage relationship has been established between the defendant, the plaintiff mother’s ex
husband, and the minor… according to the mother’s statement. Since the defendant father has not denied the lineage
relationship with the minor in question, the provision of the minor’s pending custody should have been made, but the
issuance of a written judgment was incorrect and necessitated reversal.
2-) Court of Cassation 8th Civil Chamber – Decision: 2017/11234 (The Case of Denial of Paternity and the
Case of Paternity are Heard Separately);
“…The case, as it stands, concerns a request for denial of paternity under Article 286 of the Turkish Civil Code No. 4721,
in terms of the plaintiffs’ claim that MK is not their father, and a request for determination of paternity under Article
301 of the same code, in terms of the fact that their biological father is… It is not possible to hear the paternity case
unless the child’s paternity relationship with another man is invalidated. Therefore, it is not considered correct to
consider the case at hand as a denial of paternity, to separate the request for determination of paternity from the
current file and record it on a different basis, and to not consider the need to wait for the outcome of the case for
denial of paternity before a decision is made…”
3-) Court of Cassation 8th Civil Chamber – Decision: 2017/7298 (Appointment of a Trustee for the Child in the Case
of Denial of Paternity);
“…The case is about the rejection of paternity filed by the mother, acting as the legal representative on
behalf of the child, pursuant to Article 286 of the Turkish Civil Code. In the present case, since the plaintiff
mother filed a lawsuit for custody of the child and determined that the defendant was not the real father of
the minor, a decision was sought to reject the paternity, and the case was decided without the appointment
of a guardian for the minor. Considering the legal regulations, although the lawsuit for the rejection of
paternity cannot be filed by the mother, considering that the case at hand was filed by the mother for
custody of the minor, it is unlawful for the court to dismiss the case with a non-compliant adversary,
instead of appointing a guardian for the minor, referring the case to the guardian, and, if presented,
collecting the evidence, and then evaluating all the evidence together, and then making a decision based
on the outcome…”
4-) Court of Cassation 8th Civil Chamber – Decision: 2017/764 (Appointment of Trustee in the Case of Rejection of
the Husband’s Child Support);
“…In article 286/1 of the Turkish Civil Code numbered 4721, it is stipulated that the lawsuit for denial of paternity
shall be filed against the mother and the child; and in article 426/2, it is stipulated that a guardian shall be
appointed for the minor in case the interests of the legal representative and the minor conflict.
From a review of the information and documents in the file, it appears that the lawsuit was filed by the husband,
seeking to determine that the child’s true father was not the plaintiff, and that the lawsuit was dismissed without
the appointment of a guardian for the minor. Considering the legal regulations listed above, the court should
have appointed a guardian for the minor, referred the case to the guardian, collected evidence if presented, and
rendered a decision based on the outcome. However, it was deemed inappropriate to accept the case without
sufficient investigation and with an incomplete adversary.
5-) Court of Cassation 8th Civil Chamber – Decision: 2017/7298 (Filing the Case for Establishing
Paternity and the Case for Denial of Pedigree Together);
“…Since the Civil Registry Office does not have the capacity to file a lawsuit (defendant status) in cases regarding
lineage, it is not considered that the case should be rejected on procedural grounds due to the lack of passive
hostility.
In terms of the lawsuit filed by the plaintiff to establish paternity, it is not possible to hear the paternity case unless the minor’s
paternity relationship with another man is invalidated. Therefore, the request to establish paternity should be separated from the
existing file and recorded on a different basis, and the outcome of the lawsuit to deny paternity should be awaited.
“It was not considered right that a decision should not be made…”
THE IMPORTANCE OF LAWYER SUPPORT
Cases of denial of lineage require technical knowledge, legislative expertise, and in-depth expertise in
judicial practices. While the legal provisions are clear, each case has its own unique circumstances, and
even a small mistake can lead to loss of rights. Therefore, working with an experienced attorney from
the beginning of the process is crucial to determining the right strategy, protecting your rights, and
achieving the swiftest resolution.
It’s important to remember that every step taken during the litigation process has legal and financial implications.
A professional lawyer will guide you not only in preparing the petition but also in gathering evidence,
representing the court, negotiating, and pursuing potential alternative solutions.
In order not to risk your rights and to manage the process safely, it is recommended that you consult a specialist lawyer.